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Sunday, June 17, 2007

USING SOMEONE'S SIDDUR WITHOUT PERMISSION

Mishna Berurah (14:16) writes that people are accustomed to finding a siddur in Shul and using it in order to daven. He comments that he does not know the heter for this. Why is it different than seforim, which the Rema rules that it is forbidden to use someone elses without their specific permission for perhaps you will tear it during your learning.

Aruch HaShulchan (14:13) rules that it is permitted since the majority of people are not particular regarding this.

3 comments:

There is much discussion amongst the Acharonim regarding borrowing items for Mitzvah use – like a siddur, sefer or tallis – without the knowledge of the owner. There are varied views amongst the poskim and many cases where the practical halacha will change based on the circumstances.21 What is clear, however, is that if one has the opportunity to ask the owner, he must do so before taking the item.22

Reb Shlomo Zalman (Halichos Shlomo 19:13) paskens that it is only permitted if one knows for certain that he would have allowed him to borrow it if he asked, like a relative or a friend because we rely on the Shach that yiush shelo midaas is yiush; otherwise it is assur.